COMMISSIONER OF INTERNAL REV. v. CORPUS CHRISTI T. CO.

No. 9987.

126 F.2d 898 (1942)

COMMISSIONER OF INTERNAL REVENUE v. CORPUS CHRISTI TERMINAL CO.

Circuit Court of Appeals, Fifth Circuit.

April 3, 1942.


Attorney(s) appearing for the Case

Robert N. Anderson, Sewall Key, J. Louis Monarch, and Gerald L. Wallace, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., and J. P. Wenchel, Chief Counsel, Bureau of Internal Revenue, and John W. Smith, Sp. Atty., Bureau of Internal Revenue, both of Washington, D. C., for petitioner.

Wesley E. Seale, of Corpus Christi, Tex., and Geo. S. Atkinson, of Dallas, Tex., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The ultimate question for decision is what is the gain or loss basis of certain assets sold by respondent in 1934 for $150,000. For the prior history of this case, see Corpus Christi Terminal Co. v. Commissioner, 38 B.T.A. 944; Commissioner v. Corpus Christi Terminal Co., 5 Cir., 110 F.2d 651; and Id., March 21, 1941, 43 B.T.A. 1207.

The taxpayer corporation was created in 1931 pursuant to a contract...

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